I moved into a property advertised on Gumtree about 7 weeks ago from interstate, so all of my correspondence with the real estate agents and tenants was over the phone and via email or text, no one mentioned any property damage or overdue rent (including the property manager) and I only had photos the previous tenant sent me to indicate the condition of the house (which were misleading).
One of the girls was exiting the lease early (lease ends in Nov) and I was taking over her room/rent and I sent through an application form to the agency. I realised my other 2 housemates had only been there for a few weeks as well and all the original tenants had left. I then discovered the sink in the en suite (not attached to my room so I had never been shown it) was damaged 10 months ago by one of the previous tenants and needed to be replaced.
We have also been told the rent is $309 overdue from the previous tenants. The previous tenants are refusing to pay for damages or overdue rent and the real estate agency have told us we have to pay up ASAP or will be in breach of tenancy. When I emailed the person who damaged the sink she said she had attempted to pay it earlier but the costs were going to be covered by the owner's insurance and it is no longer her problem. The property manager has changed since then and has no evidence of that conversation. The RTA has told me it's a lost cause and I need to just pay it. I am not on the lease though, the agency took so long to send out the form to update my name on the lease that I haven't sent it back yet. The RTA says I have an implied tenancy though because I have moved in and I am still liable for the rent and damages even though they have nothing to do with me and I haven't signed anything. Also the previous tenant signed a transfer bond form and I paid her the $600 bond directly. I have since learned that she was not listed on the bond and therefore the bond form can't be processed and put in my name.
I am moving out now but I'm not sure of what my responsibilities are or how to get my bond back and I am hesitant to get someone to take over my room/rent if I am going to put them in the same position I am in. I am also concerned because my real estate agent keeps telling me the rent is overdue but won't tell me what date it became overdue and the ledger she sent me to show all payments received makes little sense and doesn't match what they are verbally telling us.
Any help would be greatly appreciated!
One of the girls was exiting the lease early (lease ends in Nov) and I was taking over her room/rent and I sent through an application form to the agency. I realised my other 2 housemates had only been there for a few weeks as well and all the original tenants had left. I then discovered the sink in the en suite (not attached to my room so I had never been shown it) was damaged 10 months ago by one of the previous tenants and needed to be replaced.
We have also been told the rent is $309 overdue from the previous tenants. The previous tenants are refusing to pay for damages or overdue rent and the real estate agency have told us we have to pay up ASAP or will be in breach of tenancy. When I emailed the person who damaged the sink she said she had attempted to pay it earlier but the costs were going to be covered by the owner's insurance and it is no longer her problem. The property manager has changed since then and has no evidence of that conversation. The RTA has told me it's a lost cause and I need to just pay it. I am not on the lease though, the agency took so long to send out the form to update my name on the lease that I haven't sent it back yet. The RTA says I have an implied tenancy though because I have moved in and I am still liable for the rent and damages even though they have nothing to do with me and I haven't signed anything. Also the previous tenant signed a transfer bond form and I paid her the $600 bond directly. I have since learned that she was not listed on the bond and therefore the bond form can't be processed and put in my name.
I am moving out now but I'm not sure of what my responsibilities are or how to get my bond back and I am hesitant to get someone to take over my room/rent if I am going to put them in the same position I am in. I am also concerned because my real estate agent keeps telling me the rent is overdue but won't tell me what date it became overdue and the ledger she sent me to show all payments received makes little sense and doesn't match what they are verbally telling us.
Any help would be greatly appreciated!
